City Commission - Regular Meeting

Now we're going to roll right into our regular commission meeting, call meeting to order number 2026-0813R. City Clerk, what were we just listening to?

We were just listening to Commissioner Rydell's music selection, which was a beautiful piano performance by his daughter, Bella.

Wow, you got clapping.

That was her the Spanish Caballero is the song she played so thank you In the next City Commission meeting on August 27th, I will be making the music collection So I look forward to presenting that to all of you That'll be exciting As we begin, we kindly ask that all mobile devices be silenced. To ensure the best possible sound quality, please speak clearly and directly into the microphone, and remember to mute your microphone when you're not speaking. Should anyone experience difficulty hearing at any time, please raise your hand and a hearing device will be provided to you. Thank you for your cooperation.

Please call the roll.

Commissioner Rydell? Here. Commissioner Welch?

Here.

Commission O'Reilly.

Here.

Vice Mayor Brody. Here. Mayor Wasserman. Here. City Manager Rose.

Here.

City Attorney Pyburn.

Here.

All right. I'm going to ask our finance department to lead us in the pledge after an amazing budget workshop. So if you could, please lead us in the pledge.

Thank you, Mayor. This meeting is being conducted live with a physical quorum present. The material for today's meeting is available online at coconutcreek.gov. Anyone wishing to appeal any decision made will need a record of the proceedings and for such purpose may need to ensure that a verbatim recording of the proceedings is made, including the testimony and evidence upon which the appeal is to be based. The archive of this meeting may be requested from the city clerk or may be heard online at coconutcreek.gov. If you haven't already, please silence your mobile devices. If you must take a phone call, please excuse yourself and step outside. Respect and proper decorum will be maintained throughout the meeting. Vocal outbursts, cheering, cheering, or applause can impair the rights of others and derail the decision-making process.

All right. Thank you. Okay. So we're going to start with a presentation recognizing Battalion Chief Ryan Nemesek and Captain Francisco Herrera for their humanitarian urban search and rescue deployment to Venezuela. And I'm going to invite Fire Chief Michael Rodriguez to come up and present. Welcome, sir.

Thank you, Mayor, Vice Mayor, members of the commission.

Honored to be here.

But before I get started... It goes without saying, your fire department is amazing. There are 80 members strong, which I think 40 of them are standing behind me. And that's without even asking. So I'm very honored to be up here presenting to our two members. So I have the privilege of recognizing two members of Coconut Creek Fire Rescue who recently represented our department, our city, and the fire service at the highest level. Battalion Chief Ryan Nemesek and Captain Francisco Frankie Herrera. And I'd like to ask both of them to come onto the stage. Both men were deployed as members of Florida Task Force Two to Venezuela, where they worked under difficult and demanding conditions for 10 days. These types of deployments require long operational periods, limited rest, challenging sleeping conditions, and the physical and emotional stress of working in areas devastated by disaster. Over those 10 days, their focus remained on one mission, which was finding and helping people who still had a chance to survive. Chief Nemesek and Captain Herrera were directly involved in the remarkable rescue of a man who had been trapped beneath the rubble for eight days. After hours and hours of painstaking, around-the-clock digging, rescue crews were finally able to reach the victim's hand. That critical breakthrough allowed them to start an IV, administer life-saving medications, provide food and hydration, while continuing the complex rescue operation. Three days later, after an extraordinary effort by the entire team, the man was successfully freed alive. It is a powerful reminder of why these teams never give up hope and continue searching long after others might believe survival is no longer possible. Their actions reflect the very best of Coconut Creek Fire Rescue. Professionalism, courage, compassion, and a commitment to service. They left their families and their community, traveled into incredibly difficult conditions, and used their training and experience to make a difference when it mattered most. On behalf of Coconut Creek Fire Rescue and the city of Coconut Creek, we want to thank Battalion Chief Ryan Nemesek and Captain Frankie Herrera for their extraordinary service and congratulate them not only on a job well done, but also on their safe return to continue serving the residents of Coconut Creek. We are incredibly proud to have them as members of our department. And on behalf of the city and the department, We're gonna present them with plaques and I'm gonna read the plaques aloud. In recognition of your selfless service and courage as a member of Florida Urban Search and Rescue Task Force Two, deployed to Venezuela in the aftermath of devastating earthquakes to save lives and serve those in greatest need. Your actions exemplify the highest traditions of the fire service and bring honor to Coconut Creek Fire Rescue. Venezuela USR deployment 2026. Ladies and gentlemen, a round of applause for Chief Nemesek and Frankie Herrera. I'd like to invite all members of the Dallas Commission City Manager for a photo with our two gentlemen on stage. Lastly, I'd just like to invite all uniformed personnel up on stage for a photo with our brothers

All right. So now we are going to shift for a presentation of the Distinguished Budget Award for the city's fiscal year 2026 annual budget and five-year capital improvement program for the fiscal year beginning October 1st, 2025. We're going to have Finance Director Pita Gay-Lake. She's going to make the presentation. And she's going to present the award to our Budget and Grants Manager, Veronica Munoz.

All right, Mayor, Vice Mayor, Commissioners, good evening, or good afternoon. I wanted to present the Distinguished Budget Presentation Award from the Government Finance Officers Association to the budget team today. This award is the highest form of recognition in governmental budgeting. It shows that our document serves as a policy document, an operations guide, a financial plan, and a communication tool that can be used to share with our residents and to tell the story about Coconut Creek. It's the 26th consecutive year that we have received this prestigious recognition, and this year we actually got a special recognition for performance measures and strategic goals and strategies. I didn't get an opportunity to thank them during the budget workshop, but I did want to just say thank you to our budget team. They work tirelessly to prepare the budget document, make sure it's ready for publication and it's delivered on time. So I did just want to recognize them if they could come up to the stage. And then present the award to them. Thank you.

All right. We will now have input from the public and non-agenda or consent agenda items. I remind everyone wishing to speak that all comments must pertain to city business. Respect and proper decorum will be maintained. Behavior that disrupts the orderly conduct of this meeting, such as clapping, shouting, booing, and cheering is not permitted. Any person who violates the decorum rules will be subject to remove from the commission chambers. As a reminder, all comments must pertain to city business. When you come forward to speak, please unmute the microphone. State your name and address clearly for the record. And mute the microphone when done speaking. City Clerk, is there anyone who has signed in to speak on non-agenda or consent agenda items?

Yes, Mayor. We have one individual signed up to speak this evening on a non-agenda item. That is Tammy Letary.

All right. Come on down.

Tammy Luteri, 3302 Carambeau Circle South, Coconut Creek. We were led to believe that the ICE 287G agreement was tabled in May of 2025, only to learn recently it was signed a month later. What we don't know is who resurrected it and why, and who put it on the agenda in the first place. I was told it was done out of fear of retribution, but I can say with certainty that our sister cities, Deerfield, Pompano, Margate, Pearl Springs, Tamarack, and Fort Lauderdale did not fear backlash, and they did not sign it. But you capitulated. You obeyed in advance, a lesson we all should have learned from Nazi Germany. ICE is a fascist paramilitary organization. And like the Stasi, they are functioning as Trump's secret police. They kidnapped, indefinitely detained, and tortured tens of thousands of people for misdemeanor immigration offenses. People like nurses' aides who care for us, roofers who protect our homes, and landscapers who beautify our community doing jobs Americans don't want. Only 28% of those kidnapped have a criminal record, but they won't receive due process. Why? Because Trump's heavily invested in private prison stocks, as is his donor base. Over 55 immigrants and three Americans have been murdered by ICE during Trump's second term. The Americans were gunned down in the streets, execution style. Hundreds of ICE detainees from Alligator Auschwitz cannot be accounted for. Now ICE is adding stun gloves to their armamentarium and said they'll only release body camera videos if it's in their best interest. How will you keep us safe from them? Trump threatened to deploy them to the polls to steal the election. Should we expect to hear papers, please, while being forcibly removed from the voting lines? Are they going to adhere to due process, or will they barge into our homes without a judicial warrant? You have a memorial outside to the Holocaust victims, but now that we are facing similar threats from a brutal fascist regime, you remain silent. ICE is born from the same vile white supremacy ideology as the Nazis. You have a choice. You can revoke this or you can remain silent. Know that your silence is complicity.

and whatever happens you did this to us thank you is there anyone else who would like to participate uh to provide input on non-agenda or consent agenda items okay we'll move to our consent agenda I'm going to read each title into the record A motion approving the minutes from previous City Commission meetings 2026-0611WS, 2026-0611R, and 2026-0625R. A motion to reject IFB number 07142610 and all bids received for the Police Department Kennel Construction Project. Resolution 2026-109, a resolution authorizing the city manager or designee to execute the attached school resource officer agreement with the school board of Broward County to provide one SRO at Winston Park Elementary School for summer school commencing June 22, 2026 and ending July 16, 2026. resolution 2026-117 a resolution authorizing the city manager or designee to execute a school resource officer agreement with north broward preparatory school for a period commencing september 30th 2026 and ending september 29th 2027. the resolution 2026-114 a resolution acknowledging the city's initiation of a building permanent inspection fee analysis to comply with state law which may result in a partial fee reimbursement following adoption of an updated building permit fee schedule consistent with state law requirements. Are there any items the Commission wishes to pull from the consent agenda? Is there a motion and a second to approve?

Move it. Second.

Moved by Commissioner Welch, seconded by Commissioner Railey. Please call the roll.

Commissioner Rydell? Yes. Commissioner Welch? Yes. Commissioner Raley? Yes. Vice Mayor Brody? Yes. Mayor Wasserman? Yes.

All right. To our regular agenda, Resolution 2026-115, a resolution approving the Countrywood Estates PUD No. 1 Homeowners Association application for grant funds from the Neighborhood Enhancement Grant Program for a multi-phase landscape design project to redesign the Street Tree Master landscape plan. Is there a motion and a second?

Move it.

Second. Moved by Commissioner Welch, seconded by Vice Mayor Brody. We will have the Resilient Design and Development Department staff make their report.

Good afternoon. Dan Nelson, Grants Administrator with the City of Coconut Creek. This resolution is associated with the Country Woods Neighborhood Enhancement Grant. The association is requesting $19,500 for a multi-phase design project. The current street landscape plan of the neighborhood is no longer compatible with the surrounding area due to size and growth. There's been significant infrastructure damage in that neighborhood. We do have two members of the neighborhood here tonight. This project is eligible and satisfies the requirements set forth in the program guidelines of the neighborhood enhancement grant. Neighborhood enhancement grant stopped taking applications on July 31st after this one. There are five more applications and If all five of those are funded the total expended amount would be one hundred sixty one thousand nine hundred and thirty four dollars Are there any questions or comments from the City Commission?

City clerk are there any members of the public who've typed on to speak?

Yes, Mayor, there's one member of the public that signed up to speak on this agenda item, Lisa Aronson.

Hello. Turn on the microphone. There you go.

All right. Good evening, everyone. Mr. Mayor, Mr. Vice Mayor, Commission, it's great to see everyone tonight. I am a member of the Country Woods Tree Committee, but also with me this evening are two members of our Board of Directors. We have Craig Valvo, who I know many of you know, and Lisa Nagy, who is in the back. Craig is our longtime president. Lisa is our board secretary. And I am here to thank you for assisting communities such as ours with tools to revitalize our neighborhoods and urge you to support this application tonight. We're here to answer any questions, but I also want to thank the resilient design and development staff for all of their support and assistance with this grant process. It's been a long-time effort, and we're pleased to be here this evening.

Thank you. got it is there anyone else who'd like to uh provide input on this item please call the roll commissioner rydell yes commissioner welch yes commissioner rayleigh yes vice mayor brody yes mayor wasserman yes resolution 202 congratulations congratulations is in order you got it yeah the afternoon

The afternoon means a little more liveliness to it.

You know what I mean? Resolution 2026-091, a resolution approving the Main Street Workforce Homebuyer Program between the City of Coconut Creek and DRP Greenbow I, LLC, Lennar Homes, LLC, and GSR, repartners LLC, authorizing the city manager or designee to execute the Workforce Homebuyer Program Agreement attached here to and made a part hereof as Exhibit A. Is there a motion to second?

Move it. Second. Second.

approved by Commissioner Raley, seconded by Commissioner Rydell. Resilient Design Development Department staff will introduce the item, and also we have a guest we haven't seen in quite a while here to present as well from the Main Street team. No, no, we'll see him in a minute.

All right, what do you got? So before turning the presentation over to the developer, I'd just like to provide a brief overview of the item before you. On August 28, 2025, the City Commission approved the Long-Term Development Agreement with GSRRE partners. A component of that agreement established the framework for the Main Street workforce housing program, including both a down payment assistance and a rental assistance program. This resolution will implement the city's workforce home buyer purchase assistance program. It will establish policies for the process and the sale of designated homes. If approved, eligible workforce households earning up to 140 AMI income may receive $80,000 in down payment assistance. to help make home ownership more attainable. At this time, we'd like to invite the developer up.

It looked like you froze for a second. I was wondering . The Commissioner Rydell would like to speak.

Yeah, Dan, just prior to Mr. Backman presenting, I just want to, I think our mayor cleared this up in our budget workshop earlier, but I think it's... Yeah, very, very important.

Keep repeating it.

Yeah, agreed. Can you just address, or obviously finance is still here to address, where this money is coming from and that this fund it's coming from and that this money is not coming from our general fund directly from taxpayers, please?

Absolutely. This program is entirely funded by the Affordable Housing Trust Fund. That fund is made up of impact fees for non-residential development projects, and these funds can only be used for affordable housing.

Thank you. So there's a message out there sometimes in skewed media. It's important to, you know, our tax dollars aren't funding this. Actually, developer tax dollars are funding this. That's a fair statement? Yes. Thank you, Dan. Thank you, Mayor.

Thank you, thank you. Yes, we need to keep reiterating this fact because it just takes one or two people to say something different and then people start believing it. So it's very important. Welcome back, sir. We have a new system, so you have to, there you go. Since you've been here last, we've upgraded.

I noticed. I like it. Thank you for the warm welcome. I appreciate it. It's my first meeting under Mayor Wasserman, so Mayor, thank you for having me. Appreciate it. Yeah, just to add to that, I think the one thing I didn't hear in addition to the dollars that are in the Affordable Housing Trust Fund are also a linkage fee associated with the commercial component of this, which is also being filtered into this program, which provides additional dollars and resources available to the program. So I think Dan touched on it, but just to kind of reiterate, we were here almost a year ago exactly, I think two weeks shy of that date. You all approved the last piece of all of the Main Street entitlements. It took us almost five years. Part of that was these workforce housing programs, and there were draft agreements that were a part of all of that. And so what you're being asked to approve tonight, there have been some minor changes here or there. We've been coordinating with staff. Your city attorney's office, they've been filtered through the developers for either the for sale or the rental projects. But for the most part, they marry up and line up with what essentially you saw almost a year ago already. They're part of the cost sharing term sheet that was There are exhibits to exhibits to exhibits in this agreement, as we've all seen. So that's kind of part of it. The other piece of it, in speaking with Sheila and your staff, we asked Lenar to put a little something together, which we're going to share with you, just to give an example of what that may look like under the Home Buyers Program. As it relates to rentals, we're still every bit of, and I'm prepared if you ask for updates on other Main Street items today to give those as well. we're every bit of at least 18 months away from being open and leasing and ready and so in in order to not really make representations to the commission this evening we're not presenting anything different than what you saw a year ago which is effectively what the florida housing finance corporation lists is available rentals in uh in accordance with 140 percent rents or lower and we can talk about that a little bit further as well um So let me start with this. This is the homebuyers program. I have slides that are similar for the rental program as well. What you see on the screen before you is essentially kind of the process. And this is all spelled out in our development agreement, in the other documents that we talked about, and in particular, in the agreement that you're approving here this evening. Eligibility, it's up to capped at 140% of AMI. That does not mean it's all at 140% of area median income. There's a lottery process that the developer, in this case Lennar for the for sale homes, will be required to go through. Selection and pre-qualification, there are reporting requirements, and then the manner in which ultimately if you're selected in the lottery and you go through qualification and you qualify and you secure the appropriate mortgages, then you're issued the award. The award is $80,000, and then that takes us back to this screen, which is just an example. The way Lennar structured this as we sit here today is based on one of the villas in block one. Again, block one's probably somewhere in the neighborhood of, let's call it 12 months plus or minus from being complete, right? Again, we're working towards permits. I can provide that update once we get through all this if you all would like. And so they're kind of trying to factor in and look at sales prices. I did ask them to provide me a couple of examples. This is what I received for your purposes here, but I think it provides at least a good example of what you can see with regard to monthly and annual savings. Ultimately, at the end of the day, if you're provided the award, what that does is it lowers your mortgage, whatever that happens to be, by $80,000, which in turn lowers the mortgage insurance that you effectively are required to pay the handful of other costs collectively, and in this case it would be about $440 per month, which equates to savings of just over $5,200 on an annual basis. So that's the manner in which the Home Buyers Program would work for those that qualify and are within the program. Uh, on the rental side, uh, and again, I think we went over this in detail about a year ago and we all talked our way through it in, in various meetings. Um, there's no real net benefit those first, I think it's three years, right? We're projected to open sometime in 2028. The intent of the program in this particular case was ensuring affordability for the next 30 years. And as you start to see, if you follow all of the red numbers, as you look at the one, two, and three bedroom variance between what FHFC provides and what the rental restriction will be going forward, you'll see that, again, making certain assumptions, but that those numbers are pretty significant as time moves on. And so that's the manner in which this would work. you all i think are aware we've certainly had the conversations it was originally intended for the multi-family on blocks 4 and block 10. this will all now be applicable to block 4 only as block 10 as you all know are moving in another direction and certainly look forward to having that conversation with you all as time goes on um with that said that's that's what i hope sorry I did not go to the process. It is slightly different for purposes of the rental program, but there is still eligibility, lottery, verification, and leasing requirements, and then the ongoing compliance, which I think is very important, obviously, making sure that the program is being monitored and maintained appropriately over the course of the restrictive period, which, again, is a 30-year window. So I'm sure you all have questions. I'm happy to answer them. Thank you.

Thank you, sir. Are there any members of the public who have signed up? Not at this time, Mayor. Any questions from the dais?

I would like to make a clarification. OK. Just because there was a discussion of the affordable housing linkage fee that would be associated with the down payment assistance, the rental assistance program was actually funded through a permit rebate program with the developer. It's a little different funding, but not taxpayer dollars.

Thank you. Commissioner Welch?

Thank you. So we're just on agenda item nine right now, right? Not 10. Yeah.

Sorry. I presented on both. Sorry.

You really skipped ahead. You got used to that, didn't you? Good to see you.

You as well.

Just curious, you talked about block one being about 12 months away.

Yeah, sure. Happy to expand on that. And so, oh, sorry.

Yes. So can you talk about when sales premises might be available.

sure i believe that there's currently a although sales are not open there's a informational kiosk in um in the promenade as i understand it for block one uh they intend ultimately on moving that on site once ready uh block one is all but complete from a land development standpoint and and hopefully moving in that direction uh i know that there's uh there's permitting that we're in for regularly as it relates to the column road improvements and everything else I was actually in touch with the Lennar team earlier today. They still have not formally opened for sales. I think they're waiting on formal issuance of their permits for, you know, to be able to actually go vertical and construct on block one. My understanding is once that happens, they'll make a more specific decision as to when they are going to open for sales. But in terms of the construction window, we're talking sometime hopefully within the next year, assuming everything stays on schedule.

So just taking inquiries at this time?

Correct.

Okay.

in the promenade are they right they're in the promenade right now i know that that was my understanding i don't i don't think that that's i don't think that's factual okay so yeah because i haven't seen any yeah maybe you can fact check that commissioner really great seeing you again scott welcome back thank you um i noticed here in the motion we're talking about a million dollars and then of course with the linkage we're talking about another 118 a thousand dollars but at the bottom Um, funds available are a hundred and let's just round it out and say a million 700,000 from the account of affordable housing fund. Are all those funds going to be available for the main street?

Are all those funds going to be available for the main street project?

No, we had, um, reserved or set aside the original amount, um, so that there would be funds available for other projects in other areas of the city. Good. Thank you.

If I may, though, that reminds me, we actually built into the program the ability for Lennar to potentially continue to fund the program so that it can exist. I don't know if that will or won't happen, but I think that kind of goes hand in hand with the question of potential availability.

Thank you.

Thank you, Commissioner. Anybody else in the dais? would just like to say it's nice to nice that we're here at this point talking about this um something i've personally been passionate about you know helping people buy new buy new property uh who are unable to uh have the means to do so so it's a really unique project that we're bringing to the city big shout out to scott stoudemire for helping with this and justin and sheila for getting this across the finish line if there's nothing else we'll call roll on uh on this item on nine yeah then we'll go to ten

Commissioner Rydell. Yes. Commissioner Welch. Yes. Commissioner Raley. Yes. Vice Mayor Brody. Yes. Mayor Wasserman.

Yes. RESOLUTION 2026-092, A RESOLUTION IMPROVING THE MAIN STREET WORKFORCE RENTAL HOUSING ASSISTANCE PROGRAM AND DECLARATION OF RESTRICTIVE COVENANT BLOCK 4 BETWEEN THE CITY OF COCONUT CREEK, GSR, REPARTNERS, LLC, AND DRP GREEN BOW 1, LLC, AND AUTHORIZING THE CITY MANAGER OR DESIGNATED TO EXECUTE AND IMPLEMENT THE MAIN STREET WORKFORCE RENTAL HOUSING ASSISTANCE PROGRAM AND DECLARATION OF RESTRICTIVE COVENANT BLOCK 4. IS THERE A MOTION AND A SECOND?

MOVE IT. SECOND.

MOVED BY COMMISSIONER RAELE. SECONDED BY COMMISSIONER RYDAL.

um yeah if you want to you know do a little something else a little more tap dance mr backman already gave a presentation on the rental assistance program i would just like to add that if approved 15 of the units in block 4 up to 60 units will be affordable for a period of 30 years got it thank you any questions or comments from the city commission commissioner rydell

The only comment I have on this is, Mr. Backman, when you put your presentation up of the rents, I think what's going to be taken from this is how high some of those numbers are in 2037. I don't think any of us can anticipate that. You don't need to show me the slide. I just think it's important to note that I don't think anyone could look at market conditions. You can look at market crashes that have rents coming consistently down. I don't think Florida's on the trend for that, and that looked like you pulled it from CBRE, which was obviously the largest rental business with a couple other sources. So I only bring it up as reference that we are able to, as a commission, earmark out a number of units to really protect, at least to be as affordable as possible. So I thank you on behalf of the developer of willing to kind of earmark that out. So thank you.

Thank you, Commissioner. Anybody else? Commissioner Welch?

I just have to say that 60 doesn't sound like a lot of units, but I think it will make a difference regardless of what the rates are at that time to those 60 families or whoever goes in there and wins the lottery piece of it. So thank you for that.

Thank you. Anybody else? Please call the roll.

Commissioner Rydell? Yes. Commissioner Welch? Yes. Commissioner Raley?

Yes.

Vice Mayor Brody? Yes. Mayor Wasserman? Yes.

Thank you, sir.

It's great seeing you all. I look forward to being back before you with some exciting stuff very soon. Thanks.

Excellent. Thank you, sir. Good to see you. All right. We're now going to move to a quasi-judicial item. Will the city attorney please explain the process?

Yes, Mayor. First, I want to remind everyone to silence your mobile devices. Florida courts have determined that there are certain types of matters, including agenda item 11 on tonight's agenda, that are to be treated differently than other items considered by the commission. In these quasi-judicial applications, the commission is applying existing rules and policies to a factual situation and is therefore acting like a judge and jury do in a trial held in the courtroom. In such cases, the courts have decided that due process and fundamental fairness require that more formal procedures be followed. The City Commission's decision must be based on the evidence and information that is presented at the public hearing, including the agenda materials, planning and zoning board recommendation, testimony presented at the public hearing, and the deliberations of the City Commission. The quasi-judicial procedures require that the Commission consider the evidence presented to it and base their decision on the applicable law and primarily on credible evidence presented, whether by staff, the applicant, or members of the public. In a quasi-judicial proceeding, the city commission is not allowed to take into consideration public sentiment or the popularity of a particular development proposal or application. The city commission may only consider competent substantial evidence. This means testimony or other evidence that a reasonable mind would accept as credible and adequate to support a conclusion. Florida courts have made it clear that mere generalized statements of opposition are to be disregarded, but fact-based testimony can be considered competent substantial evidence. This can include eyewitness observation testimony about relevant facts and documentary evidence, including photographs, aerials, and maps. People who want to participate in a quasi-judicial hearing can testify as to factual matters in any element of the case that would not require specialized training or specific academic degrees. Their testimony will be considered provided their testimony is backed up by established facts, studies, or evidence that is not conjecture or just based on a feeling. The quasi-judicial hearing process is not a popularity contest. The strict rules of evidence do not apply during the public hearing, but any comments must be relevant to the agenda item. Proper decorum is required and will be maintained at all times. Please refrain from vocal outbursts, cheering, or applause. Everyone who seeks to speak on an item will be given an opportunity to speak. If you intend to provide testimony as to any of the applications to be considered tonight, you will be sworn in before your testimony is taken. Please know if you speak, you may be subject to cross-examination. The City Commission may comment or ask questions of persons addressing the Commission at any time. If you refuse to either be cross-examined or be sworn, your testimony will be considered in that context and given its due weight. The general public will not be permitted to cross-examine witnesses, but may request the commission direct questions on their behalf to the applicant or staff. Will the city clerk please confirm compliance with the notice requirements?

The city has satisfied the legally required public notice for the public hearing for agenda item number 11.

And will you please swear in the witnesses?

Will anyone wishing to speak on the quasi-judicial item please stand and raise your right hand? Do you swear for him to tell the truth, the whole truth, and nothing but the truth? When you come forward to speak, please state your name and address clearly for the record. State whether or not you've been sworn in and whether or not you understand the rules of the proceedings. Thank you.

Agenda item 11. After I read the resolution title, I'll ask for a motion and a second to move the item. A resolution approving the special land use application requested by Juan Bastow of Doctors Health Group of South Florida, Inc. to establish a pharmacy within an existing medical office located at 3850 Coconut Creek Parkway as legally described in Exhibit A, Statute 2 and made a part hereof. Is there a motion and a second?

Move it.

Second. Moved by Commissioner Welch, seconded by Commissioner Raley.

Rydell, sorry. huh interesting I don't know why I thought it was her I didn't know why it was commissioner really are there any disclosures on item number 11. about four or five months ago I spoke to somebody who was it hi what was your name again yes yes um just talking through the process um and just connecting her with um who'd I connect her with maybe uh Justin or Scott uh I think yeah um that was about it thank you city staff now make a presentation good afternoon uh nice to be here

Hello, Mayor, Vice Mayor, Commissioners, staff. For the record, I'm Lisette Aguiar. I'm the Assistant Director of the Resilient Design and Development Department. And to my right is Justin Proffitt, the Director. So before you this afternoon is, of course, Agenda Item Number 11, the Special Land Use Application for the Pharmacy, proposed to be located at 3850 Coconut Creek Parkway. It's a Pretty straightforward application. They are proposing to use a space within an existing medical office building of about 500 square feet or so. What they will not be is they will not be your typical retail pharmacy. In that, you're not gonna see a storefront where you walk right in and you're in the pharmacy. You're not gonna have an opening or a doorway that goes right into the pharmacy. You actually have to get into the building to be able to use the pharmacy. You will not have a drive-through for the facility. So again, just very specialized. And the other thing that's important to note is that the pharmacy will only be open during the regular business hours of the medical facility. So they won't be open late. They won't be providing extended hours. As long as the medical office is open, the pharmacy is open. Other than that, it's pretty straightforward. They have worked with PD to ensure, as part of the DRC process, that they've addressed issues with cameras and things like that. So staff is, use my notes here, The applicant did hold their community meeting on June 8th. No one attended that meeting, so it was a pretty quick one. And, of course, the Planning and Zoning Board did recommend approval at their regularly scheduled meeting on July 8th. Overall, staff finds that the special land use is not in conflict with the city's land development code, that they have complied with the special land use requirements, not in conflict with the comp plan, and we are recommending to the city commission a favorable recommendation for the special land use. This concludes staff's presentation. Justin, I don't know if you wanted to add something to that.

No, nothing further. Thank you, Liz. Great.

The applicant, Juan Basto, and his team are here this evening. I'm sure that between all of us, we should be able to answer any questions. Thank you.

Fantastic. Now the applicant for a nice brief presentation.

Good afternoon, City, oh, my name, Diana Grimberg, and the address of the location is 3850 Coconut Creek Parkway. Good afternoon, City Commissioners, Mayor Jeffrey Wasserman, Vice Mayor Brody, and Coconut Creek City employees. My name is Diana Grimberg. I'm the owner of DirectMeds of Florida II, the independent retail pharmacy proposed inside the DHG clinic here in Coconut Creek. With me tonight is Juan Basto. He is the owner of the DHG Clinic. Also with me is our urban planning consultant, Peter Schwartz, a professional AICP certified urban planner, and Adrienne Piana, the engineer who updated our floor plans. They will be available for questions after I speak. We are asking for your approval of a special land use permit to activate the pharmacy that was originally designed within this building 14 years ago. This project requires zero exterior or interior changes. No construction or build out is necessary. The only new requirements added were security features such as cameras and an alarm system, which are already in place. Our business operates entirely inside the clinic lobby. We are a separately owned, full service, state licensed, independent retail pharmacy. And as such, Florida law requires us to display one small pharmacy identification sign at the clinic entrance. Regarding zoning, the property is designated as calm on the future land use map and zone B three, a commercial designation that anticipates exactly this kind of use a low impact pharmacy inside an existing medical clinic is fully consistent with the permitted uses and the surrounding commercial institutional and residential serving development. Our urban planning consultant, Peter Schwartz will speak to the zoning code in more detail. This isn't a new use introduced into the building. The building was designed and built in 2012 with this space designed as a pharmacy from the very start. The original floor plan labels this exact area as pharmacy. As you can see, this application simply proposes to begin using a space that has been there all along. We are not a pharmacy chain. For the past 16 years, I have owned and operated an independent pharmacy in Hallandale named Direct Meds of Florida. Direct Meds of Florida, too, is an extension of that same proven operation. Our entire mission is providing personalized, dedicated, and convenient service to the senior community of South Florida. Among the many benefits we bring to the residents of Coconut Creek, the top three are, first, we create a true one-stop shop for health care. DHG Clinics patients can see their physician and walk right over to our counter and get their medication dispensed quickly, avoiding the inconvenient additional trip to a separate pharmacy. This ensures that they can begin treatment right away. The pharmacist also can easily communicate directly with the clinic's physicians on an ongoing basis to quickly resolve any issues. Second, we offer medication synchronization. We align all our patients' refills so they are ready on the exact same day each month, ensuring seniors never have to worry about filling prescriptions at different times and never miss a dose. Third, we offer free local delivery for homebound seniors and sick patients. This is life changing. This leads to much better compliance, fewer missed doses and fewer hospitalizations. It is a massive health benefit for the residents of this city. We are a counter-based pharmacy, not a storefront. Because we focus on clinic patients and provide home delivery, we do not compete with large chain pharmacies and will not create heavy traffic. Our operating hours will strictly match the clinic hours, 8.30 AM to 5 PM. When the clinic closes, we close as well. We are ready to serve from day one. We are already contracted with all major insurance plans, including Medicaid and Medicare, and all of our vendor contracts are secured. That means our patients, especially our seniors, can use their existing coverage immediately with no disruption and no gap in care. Finally, I want to emphasize our commitment to safety. We are not just planning to build a secure space. We have already passed all inspections and been fully approved by the Florida Board of Pharmacy and the federal DEA. Our state and federal licenses are active and current, meaning our security infrastructure has already met the highest law enforcement requirements in the country. We have completed our public outreach. We mailed notices to every property owner within 700 feet, 14 days before the meeting. We held the meeting. No neighbors attended and no objections were ever raised. In addition, we provided the city with the labels for the notice for today's meeting and signs were posted outside the clinic 14 days prior on both entrances. To show you our unified partnership, I would like to hand the microphone to the owner of the clinic, Juan Basto. Afterwards, our urban planning consultant, Peter Schwartz, will briefly describe how this request aligns with the city's comprehensive plan and vision 2030.

Thank you, Diana.

Thank you. Good evening. Mayor Wasserman, I'm not a great speaker, so forgive me. I thank you all for being here and attending to what our needs are. We've owned DHG for 47 years. What we're just trying to do is service our patients who are elderly, who basically, as they see our doctors, They walk out there with their prescriptions, which is super important. I have an 87-year-old mother who basically has cancer, and every time I go see a specialist with her or a doctor, they change her medications. I have to wait until CVS or Walgreens later on in the nighttime changes the prescription. I go pick it up and then come back home and give her the medication that she needs. If I would have had the pharmacy inside of our medical center, It would just be a quick few minutes, and she would go home with her medications like Deanna was explaining. I just thank you all here for support, and any other questions that you have for me, I would be more than glad to entertain any questions if you have any.

Does that conclude the presentation?

Yes, sir. Oh, sorry.

I'll be very brief. I'm Peter Schwarz, planning consultant. Good afternoon, honorable mayor, vice mayor, commission, and city manager Rose. I, along with the entire applicant team, strive to ensure that this application meets all of the requirements of the city of Coconut Creek. I looked at the city's comprehensive plan and note that the application is consistent with the pertinent goals, objectives, and policies of that plan. A few specifically, Land Use Element Goal 2.1.0, which states that the city shall provide a broad range of convenient, accessible, and attractive commercial office and commercial recreation facilities sufficient to serve permanent and seasonal populations. Element Objective 2.1.0, which states that the city shall accommodate office retail and other activities needed for the provision of goods and services to permanent seasonal populations. And Element Policy 5.3.5, which states the city shall promote the location of regional or community libraries, clinics, civic centers, cultural facilities, and other public facilities in areas of concentrated activity. In addition to being consistent with the comprehensive plan We looked at your land development code and your b3 zoning district and this application is consistent with that as well So we do concur with staff and the Planning and Zoning Board's recommendation of approval We thank you for the opportunity to present our case.

Thank you Thank you. Does the city staff have any questions of the applicant or of the applicants witnesses?

Not at this time.

Does the applicant have any questions of city staff? all right i'll now open the public hearing are there any members of the public who would like to speak on agenda item 11 once called upon please come forward to the lectern unmute the microphone identify yourself state whether or not you have been sworn in and whether or not you understand the rules of the proceedings when you are done speaking please mute the microphone Public hearing is now closed. We will now hear closing remarks from the staff or the applicant. Anything to say before the commission asks any questions?

None. All right.

I believe Commissioner Railey had a question. Oh, actually, everybody. So you know what? Let's go. We'll go Commissioner Railey, then Commissioner Welch, and then Commissioner Rydell.

OK, great. Hello. Sure. Just a couple of quick questions. Yes. Will you be servicing only your patients?

Primarily.

Primarily.

But as a retail pharmacy, the license that I have is I have to take care of any patient that comes in through the door. But we are specialized for the clinics.

So if a resident walks in from the street, is not a patient of yours, and said, I have a prescription, would you accept it and fill the prescription?

Yes, as long as it's not a narcotic. OK.

So you will not have any narcotics on property?

We will. We are licensed to have Schedule 2 through 5. And a lot of the seniors, they take anti-anxiety medications, which are Schedule 4. So those are cold control substances. But no pain medication. Their physicians don't prescribe that. And I would never take somebody from the street that comes with a prescription for that. For a pain medication? No.

OK. Thank you. Also, I wanted to ask if you were going to carry only prescription drugs, or are you going to be a full-service pharmacy?

We are technically a full service, but we do not have a storefront. So we cannot have, you know, shampoos and toothpaste and all that.

But you'll have Tylenol, you'll have nasal, you'll have decongestants. You will have off the shelf.

Yes, all of that. But they will have to get it at the counter. They can't just go and pick it off a shelf.

Okay, so you won't have display shelving. It'll strictly be controlled. Yes. Okay, thank you.

Yes, going along that same vein as Commissioner Raley, I did notice on one of your slides, or I believe it was your slide, that the pharmacy will be inside the building, but the sign that is required for a pharmacy to display is readable from the outside. Yes. So that was where I was going with that because I was curious whether it was only servicing your in-house patients or but if but it can be seen from the outside Yes, we will have a sign at the door that says that there's a pharmacy there and the opening hours Which is required by the Board of Health forgive me if I didn't look at the site plan clearly but so is that sign facing Coconut Creek Parkway, or is that facing the side street?

It's just on the exterior of the building. We haven't put it yet, but it's probably going to be on the sliding doors that are glass. We're just going to put a sign there.

Which is facing Coconut Creek Parkway?

Not really. It's facing their parking lot.

OK. That's good. And I'm just out of curiosity. It was to be in place 14 years ago. Why the gap? Sure. I mean, I'm curious, you know. No, no, no, you did a great job.

We represent Humana, AvMed, all the health plans. And every other year, they changed their mind on certain things. So we were going to start 14 years ago. They changed to their pharmacies. Then now they allowed other people to have their pharmacies. So we decided we don't want to have a pharmacy. And years went by, years went by. But things have changed again. So the need for our seniors, which our patient base is about 70 years old. So it's easier for them to take the medication from there to their house. It makes it easier for them. Gas is expensive now to travel around to go get medication. So we're thinking about our patient base more than anything. I don't have any interest in the pharmacy either. They're paying a minimal rent, but it's just to service our patients. I have no financial interest in their pharmacies.

Well, it's convenience for the patients, that's for sure. So thank you both very much. Thank you so much. That answered my question.

So I find it a little odd that I was reading the, you just addressed it, Mr. Bastos, and I was reading the minutes from PNZ, and what I find a little odd, and you correct me if I'm wrong, is you have, Mr. Bastos, I'm assuming you're the owner of DHG? You got, what, 10 locations statewide, give or take? Come on up. I have just some questions for you. Of those 10 locations, how many other of those locations have pharmacies in them?

I had one in Plantation for 25 years. Then I sold it to CVS.

Okay. So currently, none of your other locations are operating with a pharmacy? No.

They will now because I've made a relationship with Deanna. So in Port Orange, we have a 10,000-square-foot facility. It already has the same type of setup as Coconut Creek, where there's going to be a pharmacy there, one in Melbourne, and one in Port Charlotte. Also, Coconut Creek, hopefully, God willing. and in Palmetto Hospital, where we have another medical office.

OK. But again, right now, none. No, no. And the one you're going to build in Coconut Creek actually is not yours.

No, they're renting space in there, and they're providing our patients their medications so they can take it home with them.

Okay, so you're here just saying, hey, I'm okay with this happening in my space. Yes. Really, it's just when you read through this, it looks like you're really kind of the applicant in some degree, but you're actually the owner. So you're like the owner applicant that's coming in. Am I right with that?

I'm the owner of the building.

I get it, but kind of, right? A little kind of. It's actually your business that you're pitching today to add to his business. Okay. I get it. It's just a little bit of a unique dynamic. Now, that being said, while I do believe you meet some of the criteria associated with our development code, what I've heard nothing about is safety and security measures. And that's something pretty significant to me. I understand that you got your DEA license. I'm extraordinarily familiar with scheduling between two and five. You are going to have controlled substances if that's your DEA license, period, end of story. I know you say it's not a big thing you're going to have, but you will. There will be narcotics that people that have street value, for lack of a better term. I need you to address that to me because if that's not something that I'm... Yeah, I love the interruption. Come on.

I've been doing this for 47 years. Yeah, I'm with you. Our doctors, every single one of them, do not prescribe those type of medications. We send them out to the specialist, to a neurologist, orthopedic surgeons. They're the ones who are basically going to be giving patients. They have surgeries and have all kinds of issues. are the ones going to be addressing that type of medication. Doctors' Health Group, DHG, does not, none of our doctors prescribe that. We're more into generics, blood pressure, diabetes, all the general stuff that I take normally now. But we don't really deal in that world. And if someone comes and they need that type of medication, we will hand them a pamphlet, a doctor's office that they could go visit, a pain management office, that they could go see for these type of treatments because our doctors in DHG do not deal in that world. So we've never had any issues with that.

I'm not disagreeing with what you're telling me for the purpose of the business model you have statewide. You have what appears to be a successful business statewide, what appears to be focused on vulnerable and aged populations. I see that just based on where your locations are, business model. But the concern I have, and I want to hear that addressed, is It's not, it actually goes to Commissioner Raley's concern. Are you able to, if someone walks in, so your business model may not be her business model. So I kind of want to hear from her. Yes. No, no, no. And your business, from reviews and all the research I've done, very successful, very good, and you have, it's great. But my concern kind of is, I don't want to say it's like a little bit of a bait and switch, because if you're telling me DHG is opening up your own in-house pharmacy, i'm comfortable with that based on what you do i'm a little less comfortable that you're contracting out a vendor who candidly and i want to hear from her is operating a pharmacy and her job is to make money in a pharmacy not service your patient so speak to me first before anything else here's what i want you to do speak to me about safety and security and then i'll follow up one thing i haven't understood okay with that being said are there any other questions not related to that topic commissioner rydell So I'm assuming your company's Direct Meds of Florida? Yes. All right, just a couple questions with that. It seems you have a huge focus on delivery, delivery of medicine. You intend to use this location as a delivery base? Yes. So you intend for people to, you're there and you're going to have drivers and whoever, I don't know if they're under your direct employer, they're contractors, whoever you use, but your intent is to operate a delivery center from this pharmacy?

Yes. So for example, if they get a prescription for a medication and they have six refills, I'm going to be sending their refills home. They don't have to come to the clinic to pick them up.

I got it. So you're actually using a driver? Yes.

These are contractor drivers that come pick up the medications and take them to the people's homes.

Well, I'll tell you this, in none of the material I reviewed for this, and I'm looking at my staff for that, I don't see anything regarding the delivery-based use in any of these documents. It's in the presentation. No, I see in the presentation, but I don't see some of these addressed in some of the DRC comments that I reviewed before this meeting. But correct me.

No, it was addressed everywhere. Tell me.

Address it now.

The delivery? Yes. So basically, we deliver all the refills so that people don't have to come to the pharmacy. It's just a convenience. If they want to come and pick them up, it's also fine. But we offer the convenience of delivering it to them.

I guess I'm not necessarily speaking. I understand that the concept is addressed. But in regarding traffic, in regarding trips, regarding some of those aspects, I didn't see that unless staff could direct me to where that would be in the application.

It will be probably like two cars that come, pick up medication, and leave.

No, no, I understand what you're saying. I'm looking to my staff to say, in the application, I'm hearing it's a delivery hub for a pharmacy that's going to operate in a delivery-based system. Am I missing it in this application in the backup I receive, or is there nothing addressed about those trips?

The application was reviewed by our transportation reviewer, Michael Rigetti, and he felt that the trips were negligible and therefore wouldn't be creating or impacting the site, the plaza, or even the facility itself. The focus really wasn't on how many vehicles they were going to have to do deliveries. It was much more focused on The special and use criteria.

I think what we're hearing today kind of changes that perception a little at least for me it does and Can I say something?

What we do in Hallandale is very different than what we're going to be doing in Coconut Creek. In Hallandale, we pretty much do mostly delivery. In Coconut Creek, where there is a convenience for the people that are coming to the clinic and want to take their medication home. Then we're going to be sending the refills to their house if they wish. That's all.

It's a different setup. I get that. And I guess the point I'm trying to make is it's just like the owner said. I can take people's word for things, but when you come for a special land use, there's components that this commission could add as requirements to a special land use for trips, for traffic, for flow, for some of those natures. And I'm not me. I'm just not comfortable that that was addressed today. There's other commissioners that may have other questions, but That's a component, and that's why I ask the questions I ask. I'm not saying I'm not supportive of the project. I'm saying there's information that now I'm learning that you could be wildfire. You could be the number one delivery place for Windmoor, and you may have 300 deliveries, God willing, if you're that successful, a week. I'm serious. But that's a component with whatever business model comes to be that I didn't see personally addressed, and that's a concern because that's a component when we look at the land use. That's all. I have nothing else, Mayor. Thank you.

Yes, sir. Anybody else in the dais have anything to say? Commissioner Welch?

Given the past conversations, does the delivery need to be a component of this application?

I mean, if you don't want me to do deliveries, I won't do deliveries.

Well, I'm just asking.

Yeah. Like I said, if it's not allowed, I won't do deliveries.

Justin? question the question is do deliveries need to be part of the application that from what the applicant just stated there's apparently two delivery drivers and vehicles on site that would be a part of this well i'm not worried about the traffic component of it or you know the frequency i'm just worrying about the um the transporting of the

It's the idea of the delivery of some of the medications, not necessarily the trip component that Michael typically provides details of the impact of that.

So that's a question about operation. So you can have restrictions on operation outside of all the licensing preemptions and requirements. An operational restriction can occur, and that could be a condition of approval if the Commission desires that.

Well, in my mind, the sign should not be on the Coconut Creek Parkway. visibility, but on one of the other window visibilities, say, to the west?

Commissioner, I think the sign is facing west.

Does it have to be visible and readable? That's how I think you presented it in your PowerPoint. Readable from the outside?

The door to the clinic is just visible to the parking lot. It's just a glass sliding door, and that's where I'm going to have to write that there's a pharmacy and the hours were open. That's the requirement with the part of pharmacy. But that's it.

It is not directly facing the parkway. It's facing west. Correct. The building has a north-south orientation.

Okay. So I guess I'll just ask the rest of the commission how they feel about the delivery component.

You won't have a pharmacy sign on the, no, I know where the window, and I know exactly where it's going to be facing into the parking lot, but on the road, so to speak. I'm sorry? I think you're referring to the monument sign. That's it, the monument sign. I'm sorry, the name escaped me for a minute. I'm talking about the monument sign. Will a pharmacy sign be on that? No. Okay, thank you.

I find it to be an interesting conversation, but, I mean, I don't know where we're trying, you know, where some of the, I don't know, I don't know. I'm okay with this. I don't have an issue. I do appreciate the conversation. But at the same time, it felt like it was like we were stewing up that something nefarious is going on or something. I don't know. All right. All right. Okay. Yeah, I guess, I guess because, yeah, you know, we're dealing with prescription drugs. I know, I know. We're dealing with those things and it's very.

Everybody's peace of mind.

Yeah.

I'm the owner of Doctors Health Group, you know, and I loved your question.

Speak into the microphone, sir.

I'm sorry. I loved all your questions, by the way. They were very, you know, enlightening of what the thought is because, you know, this is a different world than what you all see every day. But I live it every day for 47 years. I have a roster of all the medications that we take across Humana, all the other different, all our patient base. I would be willing to show you that if there's a necessity for that. So it would ease everybody's mind. That's how transparent we are at DHG. That's why we've lasted for 47 years. I did have a pharmacy for 25 years, no issues. So if you need that, I am available for any of those things. We are 99.9 generic drugs, and it's all blood pressure, diabetes, and everything that I take.

Commissioner Rydell.

Regrettably, I take some of those now, too. I didn't when I started this job. Here's my concern. Let me tell you some subtleties of my concern that I haven't fully voiced. 500 yards away from where your office is, probably one of the highest crime areas in Broward County. That's concern number one. That's why I bring up safety and security. A pharmacy sign? kind of a target. When medical marijuana rolled out, there was a lot of components to it that I think made things a little more nondescript. I don't know if you're mandated by statute to have a pharmacy sign. If you say we don't need a pharmacy sign, I'll support you. And the only reason I say that is because I think it's a draw. I think it's a potential flag item. And again, the business practice, these are reputable businesses. I'm not suggesting that. So please don't take it as that. I take it as out of care and concern. When people are driving around and making deliveries and things like that, my genuine concern is the first thing I said, it's safety and security. Fully aware our police department sits in DRC, but on a corridor like that, it's probably one of our higher crime, and Fred, you can correct me, our chief can correct me if I'm wrong, it's a higher crime area. So those are what my concerns are predicated on. The delivery stuff that I started went down a rabbit hole because that was frustration not really on you, but that's a component of that kind of should have been addressed in some way, and that's something that I think the Planning and Zoning Board probably would have talked about in some way as well. So those are just my general concerns. Do you need a pharmacy sign? If you're willing to say you don't need the pharmacy sign, a lot of these safety security concerns for me go away. If you're not trying to draw from outside business and you're trying to draw from your patients, I don't think that would be an issue.

I think the DA requires you to have that, right? It's not that it's her. But it's not going to be facing Coconut Creek, Lyons, where that heavy traffic is. Our building is facing this way, and Coconut Creek is that way, and the parking lot.

So the goal is to service the patients of your facility, not to bring in business. Not to bring in business, right? Okay, so if there's a discussion on whether there's, so we're discussing if there's signage

To me, the discussion isn't about signage. It's about the concept of safety and security, the concept of some of the backup information about deliveries, which I think home-based deliveries stemming from the location, right? It's a business model. It's a successful business model for these people. So I'm pro-business. uh it's just a component of something that i would have expected to be addressed in some capacity that to me today was not they're putting me at ease but those are just my my concerns if if there's no sign i i said that because i kind of read between the lines with uh commissioner welsh a little bit that's an issue we don't want to have the marquee sign of pharmacy right on parkway no of course so and i understand the dea requirements so that those are my concerns when voting on the item this this evening mayor this morning afternoon we've been here all day

Got it. All right, last thing from Commissioner Railey, then we'll vote.

And your deliveries will be during your actual business hours? Yes, that's correct. Okay. All right, thank you.

Now for comments and deliberation by the Commission on Agenda Item 11, the Coconut Creek Medical Pharmacy Special Land Use Application. If none, is there, based on testimony presented in the application's consistency with the city's land development regulations and comprehensive plan, a motion and a second to approve Agenda Item 11, the Coconut Creek Medical Pharmacy Special Land Use Application?

Okay. Motion made.

By Commissioner Raley, is there a second? Second. Seconded by Vice Mayor Brody. Please call the roll.

Commissioner Rydell?

No.

Commissioner Welch?

I have to say no.

Commissioner Raley? no vice mayor brody yes mayor wasserman yes the motion does not pass we'll move on to resolution 2026-121

Yes, very quickly, please.

Just quickly, if I do not put a sign outside and just not have that sign, would that be okay?

We're going to have... Yeah. We will...

I'll make a move to reopen the item and let the applicants or the sub-applicant speak.

all right listen the vote the vote was a no um we is there an opportunity for them to come back at the next meeting you can certainly come back at the next mini but you would have to have a motion i imagine to bring them there since the right now to reconsider was just a motion to reconsider she didn't get a second for the motion to reconsider all right so we have a motion to reconsider and we have a seconded now would you like to hear anything else from her right now Or would you like a motion to table for the next meeting?

Yes, please.

So we have a motion and a second to reconsider. You can either vote on the motion and reconsider it right now, or you can vote on the motion and then have a separate motion to table and discuss it at the next meeting. Okay. So we have a motion to reconsider by commissioner Welch. We had a second by commissioner Rydell. we please vote on the motion to reconsider first commissioner rydell commissioner welch yes commissioner raley yes vice mayor brody yes mayor washington yes okay now you can either discuss the item further and vote on it today or you can move to table the item and have it come back at the next meeting

I'll move to table the item with the understanding that staff will have the answers to the questions that were raised.

And I would second that at our next meeting.

Motion made by Commissioner Idel to table, seconded by Commissioner Welch. Please call the roll.

Commissioner Idel? Yes. Commissioner Welch? Yes. Commissioner Raley?

Yes. May I add something at this time?

To what?

To say that, may I suggest that we all go and take a look at the facility.

Okay. Then we'll say that during the quasi.

Sorry, clerk? Vice Mayor Brody? Yes.

Mayor Wasserman? Yes. All right. You've been given new life. We'll see you at the next meeting.

Thank you. And I'm open to conditional approval. Whatever you say, I mean.

Thank you. We'll see you next meeting. I'll be flexible. Thank you. Resolution 2026-121, a resolution authorizing the city manager designated to approve a change order in the amount of $49,960 to Bermelo, Ajamil, and Partners for Additional Design Services for the Recreational Complex Rehab Project. Is there a motion and a second to approve number 12?

Move it.

Moved by Commissioner Welch, seconded by Commissioner Raley. We will have a report here from Public Works.

Good evening, Mayor, Vice Mayor, Commissioners. On September 14, 2023, Resolution Number 2023-TAC-149 approved the design services with Barmela, Ajmal, and Partners in the amount of $182,160. In December 2023, there was a change order for $5,650 subsequently approved for cost estimating services. The design was completed in 2024. However, due to budget constraints at the time, approval of the construction funding was deferred to 2026 and approved in that fiscal budget. The project is now included in the 2026 budget with a current construction estimate of $2 million. The proposed change order before us tonight for $49,960, this change will update the final construction documents to incorporate some recent building code updates prior to the permitting. It also proposes two important modifications to the original design. One is the replacement of the unused stage with an additional group exercise room. The stage is no longer used for the purposes it was designed for. It was also pointed out that it doesn't meet ADA requirements, so it either needs to be brought up to ADA codes if we're going to continue to use it. However, looking at the usage of it and what the space could be used for would be better to be a group exercise room. The other major components of this change order include removal of the work from the construction documents that was already completed due to the urgency, which included exhaust fan, numerous exterior doors, and replacement of a carpeting in the fitness corridor due to tripping hazards. So the recreation complex, as you all know, fairly dated and is in need of a renovation. The fitness center averages 1,605 patrons a week. The summer camp served 191 children this past summer. And the facility also supports numerous HOA meetings, arts and theater activities, creek club rentals, and numerous professional events. It's a very heavily used facility in this city. And we recommend approval at this time. I'm here for any questions. Thank you.

Any questions from the commission today? Commissioner Welch?

Yes, thank you. Thank you. I just have one question. So this subsequent change order, will it eventually exceed the amount that was budgeted for it in total?

In total, the design was originally They don't have the exact budget back within the design fee, but do we still have enough in that budget? It's Todd Edge, the project manager for the project. It brings us up to a limit that was originally budgeted, but it exceeds, obviously, it's in addition to what was originally awarded for the design services.

So it won't exceed the amount budgeted? We're still within budget. Good answer. OK, thank you. And you didn't talk about the stage. So that's part of the ADA compliance?

So the stage has to be brought up to ADA compliance. Or with this change order, we're going to remove the stage and fill the wall in and create a group exercise room.

That's accessible?

Yes, yes. Peachy. Need all the building codes.

Thank you.

Stage.

Yes, there's no programming. Even before, it was only used one time a year. But then their agreement with Monarch High School, and they had a better facility. So even that doesn't happen. I believe, I don't think they continue that use now.

all right well i'm going to put this on the record i am not a fan of the plexiglas all right so i think it's a complete waste of money it's a complete ineffective way to be safe so i just want to put that on the record that i am not for that i think it's a bad customer service move thank you any further questions or comments i want to say i support staff's feeling of safety it's important please call the roll

Commissioner Rydell?

Yes.

Commissioner Welch? Yes. Commissioner Raley?

Yes. Vice Mayor Brody?

Yes.

Mayor Wasserman?

Yes. Second reading. Public hearing. City Attorney, please.

Thank you, Mayor. An ordinance of the City Commission of the City of Coconut Creek, Florida, amending and restating the franchise agreement between the City and Republic Services of Florida LP, dated September 10, 2019, and amended September 9, 2021, providing for the reinstatement of curbside recycling, allowing for price adjustments due to increasing labor and equipment costs, as well as additional solid waste generation, allowing me authorizing the city manager or designee to execute the attached amended and restated franchise agreement between the city and Republic services of Florida LP providing for conflicts providing for severability and providing an effective date this item is before you at this time for second reading and public hearing

All right, let's do it. Good afternoon, everybody. Just wanted to give you an update on how things are moving forward so far before you all vote. I just want to let you know the Republic is currently training on and operating some EV automated trucks in the city now. They have three automated EVs in their fleet, and three more will be added soon, because six are needed to fulfill the contract. So those, I believe, will be in early 2027. And also, as we discussed in the previous meeting, Republic has deployed A front load EV, that's the type that collects dumpsters throughout the community, so that has also been operating in the city. Just a reminder, the North Block Party is on August 29th. The mailing has been sent out, so look for that in your mailbox. And the South Block Party is 9-19. Recycling carts are anticipated to be here in early September with delivery over the three weeks prior to October 1st. A mailing will be sent in September and the same education will be provided on the cart and then residents will have about four to six weeks to contact Republic and have their recycling cart changed out if they'd like a smaller one. And then of course Republic is here today if you have any questions.

We will need a motion and a second to approve item number 13.

Move it.

Second. Commissioner Welch and Vice Mayor Brody. Any questions from the dais? I'll now open the public hearing. Are there any members of the public who'd like to speak on this item? When you come forward to speak, please unmute the microphone and state your name and address. Clearly, for the record, unmute the microphone when done speaking. Why is Joe on the screen? That's just funny. He was just on the screen. The public hearing is now closed. Any further questions or comments from the commission, please call the roll.

Commissioner Rydell. Yes. Commissioner Welch. Yes. Commissioner Raley. Yes. Vice Mayor Brody.

Yes.

Mayor Wasserman.

Yes. City Manager report.

Good afternoon. I did mention earlier during our original meeting that we have concluded the negotiations with the fire union. So the lawyers will be looking at the contract, and we expect to bring it before you at the September 24th meeting. So that's exciting. I also want to congratulate the HR department. They did recently receive a grant for $5,000. It doesn't require approval by you, but I want to thank them for everybody putting their hands in and working to get us grant approval. Just a quick update on the fire and fire administration design process. They've reached almost 100% on the schematic design, which is really the interior of the building. They will be presenting the project to the Development Review Committee very shortly, and then we'll bring it before you for your review. So that's making great progress there. The Main Street design, which includes the Village Green, the RFP was out, and we received eight proposals. They are currently being reviewed by the selection committee, and that will be presented to you here in the next six, eight weeks. Exciting progress in that area. Thank you. I will also be out the first part of next week celebrating my husband's birthday. Yeah.

right city attorney good afternoon as you are aware we received an order on july 30th from judge frank in tallahassee unfortunately dismissing our complaint in the turnpike matter that said we have until august 28th to file a notice of appeal and I am recommending that we may want to consider doing that for various reasons, among them that the motion to dismiss, the judge basically adopted FDOT, the Florida Department of Transportation's proposed order within less than 12 hours of it being submitted, and some of it did not state accurately the facts of the case. And so therefore, we have until August 28 in order to file a notice of appeal. As you are aware, we have been working with Ralph DiMaio, with Adams and Reese out of Tallahassee to handle the case. The appeal would be filed with the First District Court of Appeals in Tallahassee. And the Adams and Reese would charge us a flat fee of $10,000 to pursue the appeal. So at this time, I'm just looking for direction from you as to whether or not that is something that you would like to continue. If we do not proceed with this, then the case would be over. Yes.

Are we filing a notice for rehearing?

Good question. Yes, we do plan to file a motion for rehearing. That is due tomorrow, and that we are viewing as just an extension of the existing case. And so because it's due tomorrow, given the short time frame that's already drafted and being filed as we speak. theoretically wouldn't the filing of a motion for rehearing extend the time frame of when we would have to file an appeal you are correct it would be extended based on the date of the order of the court or the motion for rehearing which i can't predict at this time when that would be just preliminarily we were looking at the dates to be able to advise when we believed that the notice of appeal would be due but we did decide to proceed with the motion for rehearing because the judge had inherited this docket just two weeks before the hearing. And we believe that perhaps he may have overlooked some things as part of not quite having the opportunity to get up to speed on the case yet.

At least I'm sure you've advised the whole commission on the potential cost of an appeal.

Yes, as I mentioned, it's a flat fee of $10,000 for the appeal instead of the hourly rate, which we have been paying of $325, which still is fairly reasonable for outside counsel who specializes in environmental and zoning law, land use law. And that's a government rate, but we would be switching from the hourly rate to a flat fee for the appeal, including any hearings that might come about as part of the appeal process.

So I guess my thought is if we file the motion for rehearing, it's going to extend an appeal period. You have the ability of filing a notice of appeal and not filing an appeal. I just don't know if it's going to be something I'm going to support to continue to go down an appellate rabbit hole, depending on the nature of the ruling of the motion for rehearing. That's my position.

Understood.

i i'm at the i'm at like the end of this kind of um i'd like to give it one more go um like we've spoke on the phone so i'll give approval for this um i just don't want us to get bogged down and like this this for me is like let's let's give it one last hurrah let's give it one last ride and let's you know that's where i'm at on this so i i will yes i give consensus can i um ask a question

When does the notice of appeal have to be filed?

If we were not filing the motion for rehearing, the notice of appeal would have to be filed by the end of the month, by August 28th. But because we are filing the motion for rehearing, which is due tomorrow, that will then extend the time period, presumably 30 days from the date of the court's order on the motion for rehearing. I just don't know when the court may rule on the motion for rehearing. So that would put us possibly sometime in September.

Can you just tell me the advantages of doing it now, as opposed to waiting closer to that 30 days?

Just preparation. It's not particularly common for a judge to, for a court to necessarily grant a motion for rehearing. It does provide certain procedural advantages by virtue of filing it, and so it's not for no reason that we do it. It will help us to create a record for the appeal. But as it relates to moving forward with the appeal, again, it just would provide us with more time to be able to prepare for moving forward because ultimately we'd have to prepare an appellate brief. You know, if you want, we can wait and bring it back. I can try to find out the rate just to file the notice of appeal without pursuing the entire appeal.

You answered my question. Okay. Yes.

You can file a notice of appeal.

Piece of paper.

All of this is possible, yes.

I'm not suggesting that. I'm not trying to be rude. But the notice of appeal is literally the easiest thing in the world to file, just to preserve the time frame of a potential appeal.

Yes, understood. And that's why, again, I haven't been given a rate just to file the notice of appeal. I was given a rate to file the full appellate brief and to handle any reply briefs that are necessary.

Or responses to the reply rather and then also if we're going forward it's better to be had the most time for preparation So my answer is yes.

Okay.

Thank you All right consensus given anything else No, that's all I have for now, thank you comments

think we're long in the tooth and i know some people have ways to go so i'll leave comments this evening welcome back i look forward to updating everybody later and i know there's some agenda items that you guys have to get to thank you comment uh commissioner welch great day today no comment okay all right perfect no comment commissioner rayleigh i'd i'd be it i'd be uh regretting if i didn't congratulate lieutenant

of dingus and also god bless our fire department and our police department i mean you guys are the best thank you for protecting us amazing staff amazing budget um next week i'll be celebrating my 61st wedding anniversary just want to give a shout out thank you guys bye thank you for the record i'm 56.

Two things real quick. One, I have the honor of being a guardian on the Honor Flight at the end of the month. So following in the mayor's footsteps, I'm going to be helping out some Vietnam veterans and a couple Korean veterans go to Washington for the day. So I'm kind of excited about that. And the other thing is, we all know what season this is. This is the election season, so make sure everybody goes out and votes, because it is critical. So make sure you get there. I spent a few hours hanging out over at the library, so it's no lines whatsoever. So go out there, take the few minutes it takes to do the election, and make sure you get the right people in place. That's all I have.

Nothing. From me?

Motion to adjourn.